Difference between revisions of "Private Parking Tickets: Template Letters"
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The purpose of this letter is simply to acknowledge theirs and to deny liability. It should read something like this: | The purpose of this letter is simply to acknowledge theirs and to deny liability. It should read something like this: | ||
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− | <blockquote><div style= "font-size: | + | <blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font>Dear Sirs, |
Re: Your letter dated [dd/mmmm/yyyy] Reference[#] | Re: Your letter dated [dd/mmmm/yyyy] Reference[#] | ||
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If you are writing for someone else (eg partner, parent etc) you will need to have your partner/parent etc write as follows: | If you are writing for someone else (eg partner, parent etc) you will need to have your partner/parent etc write as follows: | ||
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− | <blockquote><div style= "font-size: | + | <blockquote><div style= "font-size:90%;"><font color = #EEEEEE> — </font>Dear Sirs, |
Re: Your letter dated [dd/mmmm/yyyy] Reference[#] | Re: Your letter dated [dd/mmmm/yyyy] Reference[#] | ||
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And you then write an amended first letter as follows: | And you then write an amended first letter as follows: | ||
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|----- | |----- | ||
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− | <blockquote><div style= "font-size: | + | <blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font>Dear Sirs, |
Re: Your letter dated [dd/mmmm/yyyy] Reference[#] | Re: Your letter dated [dd/mmmm/yyyy] Reference[#] | ||
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This is the top and tail ready for paragraphs to be added. | This is the top and tail ready for paragraphs to be added. | ||
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|----- | |----- | ||
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− | <blockquote><div style= "font-size: | + | <blockquote><div style= "font-size:90%;"><font color = #EEEEEE> — </font>Dear Sirs, |
Re: Your letter dated [dd/mmmm/yyyy] Reference[#] | Re: Your letter dated [dd/mmmm/yyyy] Reference[#] | ||
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If they have simply ignored what you have previously said. | If they have simply ignored what you have previously said. | ||
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− | <blockquote><div style= "font-size: | + | <blockquote><div style= "font-size:90%;"><font color = #EEEEEE> — </font>At this juncture there is nothing further that I can add to my letter of dd mmmm yyyy (copy enclosed). </div></blockquote> |
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If they refer to you as owner. | If they refer to you as owner. | ||
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− | <blockquote><div style= "font-size: | + | <blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font>I note that you refer to me as owner. I have acknowledged only that I am the keeper. </div></blockquote> |
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If they claim that you are responsible for the alleged debt. | If they claim that you are responsible for the alleged debt. | ||
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− | <blockquote><div style= "font-size: | + | <blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font>You appear to claim that I, as keeper, am legally responsible for this alleged debt. I deny this. Please substantiate this claim with appropriate citations of case and/or statute law. </div></blockquote> |
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If they have added further charges: | If they have added further charges: | ||
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− | <blockquote><div style= "font-size: | + | <blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font>I note that you have increased the amount of the alleged debt. Given that you have failed to substantiate and support your claim that I am indebted to you; this is unreasonable, inappropriate and, quite probably, unlawful. In addition to my previous denials I absolutely deny any liability to you for this additional sum. </div></blockquote> |
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If they allege that you were the driver or that you have to name the driver: | If they allege that you were the driver or that you have to name the driver: | ||
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− | <blockquote><div style= "font-size: | + | <blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font>If your allegation is that I was the driver then please produce evidence of this to substantiate your claim. I have to advise you that the driver could have been any one of a number of people and I keep no records of who has driven the car on any given day. </div></blockquote> |
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If they threaten debt collection: | If they threaten debt collection: | ||
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− | <blockquote><div style= "font-size: | + | <blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font>I note your comments about debt collectors. Given that this debt is in dispute I shall simply advise them that the debt is in dispute and they will have to refer back to you. </div></blockquote> |
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If they threaten court action: | If they threaten court action: | ||
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− | <blockquote><div style= "font-size: | + | <blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font>I will welcome the opportunity to defend your allegation in court and am confident of success. Of course you will be required to produce the evidence that I have requested and you have failed to provide. You will also have to answer to the court why you failed to do so.</div></blockquote> |
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Having followed the steps above, particularly if a further two or three letters have been written after the initial denial. It will be a very rash private parking company to take it further. They will simply have to explain why they did not respond. | Having followed the steps above, particularly if a further two or three letters have been written after the initial denial. It will be a very rash private parking company to take it further. They will simply have to explain why they did not respond. | ||
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|----- | |----- | ||
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− | <blockquote><div style= "font-size: | + | <blockquote><div style= "font-size:95%;"><font color = #EEEEEE> — </font>Dear Sirs, |
Re: Your letter dated [dd/mmmm/yyyy] Reference[#] | Re: Your letter dated [dd/mmmm/yyyy] Reference[#] |
Latest revision as of 18:13, 14 February 2008
Private Parking Tickets - Template Letters
IMPORTANT INFORMATION
This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.
This is what the writer would do in the contemplated circumstances. It is placed freely in the public domain on the basis that if it is used no liability of any kind attaches to the writer and/or the publisher.
Any person relying on this information does so entirely at their own risk.
Recently a number of posters have stated how useful it would be to have a set of template letters.
The following are my examples that I would use myself. They apply only to private parking tickets NOT to those issued by the LA, police or Traffic Wardens. You are free to use them provided you read and agree to the “Important Information” at the top and foot of this post.
Firstly, let me acknowledge the excellent work by petej2811 in his Private Parking Companies. His work is the inspiration behind much of this and he deserves appropriate credit. If I repeat anything he has said it is meant as a compliment and if I say anything in disagreement it is meant with respect.
This information is prepared on the assumption that there has been no correspondence with the private parking company. If a letter has already been sent to the private parking company then a different approach is needed. By all means read this, much of it will be relevant but you will also need to refer to the page entitled Private Parking Ticket:s Template Letters - If you wrote before finding this site
Add to your armoury for complaints with a compaint revolving around the data protection act. See Data Protection Complaints: Template Letters for details.
Feedback with any typos, inaccuracies, omissions, improvements, errors etc is most welcome. I may come back and edit this post (subject to permissions) to add and clarify matters including relating to feedback.
The basic approach:
To coin a phrase first used by Pat Davies, I think, on this forum – be “icily polite” at all times. My rules for the correspondence are:
- Do not initiate correspondence.* This means ignore the ticket but keep it. Only write when they have written to you.
- Do not ignore letters (unless and until you have written a “cease and desist” letter).
- Keep copies of all correspondence.
- Do not answer their questions but ask your own.
- Do not use any of the following in your letters: anger, sarcasm, irony, begging, sob stories, excuses etc.
- Write nothing that you would not be proud of if read in court.
- Do not add technical details unless you are absolutely sure of their accuracy.
NB There is an exception to this which is that if I was not the owner of the car (say for example I had a company car, hire car or garage courtesy car) the person identified as the keeper would receive the letter from the private parking company, pay the bill and seek to recover the funds from me under alleged contractual obligation. If this applies to you, refer to the sticky
By doing this you will
- Be acting reasonably.
- Maintain your credibility.
- Have a real chance of making them give up.
Drafting notes:
Where something appears in square brackets eg [dd/mmmm/yyyy] it is for you to insert what is relevant to you.
You may need to make contextual changes for your circumstances.
The first letter:
The purpose of this letter is simply to acknowledge theirs and to deny liability. It should read something like this:
|
If you are writing for someone else (eg partner, parent etc) you will need to have your partner/parent etc write as follows:
|
And you then write an amended first letter as follows:
|
If you are lucky that will be the end of the matter and you will hear no more.
It is more likely that they will write again, this is where it becomes more tricky to compose a template. What I have done is to write a basic letter and made suggestions for paragraphs you can insert depending on what they have said.
The basic letter:
This is the top and tail ready for paragraphs to be added.
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The variable paragraphs to add to the basic letter:
You will need to make the appropriate amendments if you are writing for someone else. You may need to write more than once. I suggest that two or three times is sufficient before moving on to a “cease and desist” letter.
If they have simply ignored what you have previously said.
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If they refer to you as owner.
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If they claim that you are responsible for the alleged debt.
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If they have added further charges:
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If they allege that you were the driver or that you have to name the driver:
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If they threaten debt collection:
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If they threaten court action:
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NOTE: In either of the two circumstances above, you may wish also to add the relevant bits from the "Cease and Desist letter".
The cease and desist letter:
With this letter you are basically telling them to "put-up or shut-up".
Having followed the steps above, particularly if a further two or three letters have been written after the initial denial. It will be a very rash private parking company to take it further. They will simply have to explain why they did not respond.
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If you receive a letter from debt collectors:
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IMPORTANT INFORMATION
This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.
This is what the writer would do in the contemplated circumstances. It is placed freely in the public domain on the basis that if it is used no liability of any kind attaches to the writer and/or the publisher.
Any person relying on this information does so entirely at their own risk.